HomeMy WebLinkAbout1798Ordinance No . 1798
A~ ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE
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The Board of Supervisors of the County of Butte DO ORDAIN
as f o.l lows :. _ _ ..... _..
Section 1. That Sections 24-45, 24-48 and 24-52 of the
Butte County Code are hereby amended to read as follows:
Section 24-46. Upon the filing of a sufficient and proper
plication and payment of the fees provided for in Section 24-45
rein, the Board of Zoning Adjustment shad fix a time and place
or a public hearing.
A notice of hearing on the application for a use permit
hall be both published in a newspaper of general circulation in
ccordance with Government Code §65854 and be mailed to the owners
f all property within 300 feet from the exterior boundaries of all
13 roperty upon which an application for proposed use has been made.
14 aid notice shall be mailed to said property owners at their last
15 nown addresses using the addresses from the latest equalized
1B ssessment roll of the County of Butte, except that in no case shall
17 ess than 10 separate and individual property owa.ers closest to the
18 rea being considered be notified. Said notice shall indicate the
19 ime, date, and place of the hearing and the Vocation of the subject
2~ roperty. Failure of any property owner to receive such a notice
2I hall not affect in any manner the action taken by the Board of
22 aning Adjustment, or the Board of Supervisors.
23 Section 24_4$. The determination, of the Board of Zoning
24 djustment shall be-final unless a written appeal is filed with the
~ lerk of the Board of Supervisors by 5:00 p.m. an the ei~tth. calendaz
26 a followin the date of the determination
y g provided that if said
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eighth. day falls on a legal holiday, the appeal may be filed by
5..:..00.__p.m. .on .the .next day...which the officE.__.of, the Clerk..is ..open, ,for
business. The Clerk shall immediately forward a copy of said
appeal to the Board of Zoning Adjustment. No use permit may be
:issued until said time for appeal has expired, nor may such permit
be issued in the event an appeal is filed until the Board of Super-
visors act on said appeal. Within ten days of the date of filing
of an appeal, the Board of Supervisors shall set a date for a hear-
ing. Said hearing shall be advertised and noticed pursuant to
Section 24-46. The Board of Supervisors shall decide such appeals
:making the:: findings required in Section 24-47 above. The Baard of
Supervisors hearing shall be conducted de novo provided that all
applications, papers, maps, exhibits and staff recommendations
made or presented to the~Board of Zoning Adjustment may be consi
dered by the Board of Supervisars. The decision of the Board of
Supervisors shall be final and not subject to review except by a
court of competent jurisdiction.
Section 24--52. The determination of the Bo'ard:=of_ Zanin~g;:Ad
shall be final. unless a written appeal is filed with the Clerk
of the Board of Supervisors by 5:00 p.m. on the eighth calendar
day .following the date bf the deterz~aination, provided that if_said
eighth day falls on a legal holiday, the appeal may be filed by
5:00 p.m. an the next day on which the office of the Clerk is open
for business. The Clerk shall immediately forward a copy of said
!appeal to the Board of Zoning Adjustment. No variance may be
~~issued until said time for appeal has expired, nor may such var
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tmen t
1 be issued in the-event an appeal is filed until the Board of
2 . Supervisors. act._ on .said ...appeal... ..Within .,ten,-.days of the date of.
3 the filing of an appeal, the Board of Supervisors shah. set a date
4 for hearing. Said hearing shall be advertised and noticed pur-
5 scant to Section 24-51(B) herein. The Board of Supervisors shall.
8 decide such appeals on the grounds set in Section 24-49 above. The
7 Board hearing shall be conducted de novo provided that all appli-
8 cations, papers, maps, exhibits and staff recommendations made or
9 presented to the Board of Zoning Adjustment may be considered by
10 the Board of Supervisors. The decision of the Board of Supervisors
11 shall be final and not subject to review except by a cou~~'~- of
12 competent jurisdiction.
13 Section 2. That this ordinance shall take effect thirty
14 thirty (30) days after the date of its adoption, and before the
15 expiration of fifteen (15) days after 'its passage, it ~~rhall be
1B ub~.ished with the names of the members voting for and against the
17 same in the _~raville Mercury a newspaper published in
18 the County of Butte, States of California.
19 PASSED AND ADOPTED by the Butte County Board of Supervisors
2U this 22nd day of February 1977, by the following vote
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~ ~iTTEST
AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chair
NOES : None R~icht
ABSENT : None
NOT VOTINr : None ~
28 .ARK A. NELSON, County Clerk
d ex-oo~f/~ficio Clerk of the Board
~' BERNARD D. RICHTER, C airman
of the Board of Supervisors
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